[2020] KEHC 6267 (KLR)
The court found that Catherine Wairimu Gatang’i, having obtained a Grant of Letters of Administration ad litem, is the rightful person to substitute the objector Joe Ephraim Kimani in the succession cause. The application for substitution was unopposed, and the court was satisfied that the legal requirements for...
Source-derived case information.
- Citation
- [2020] KEHC 6267 (KLR)
- Parties
- Petitioner: Ephraim Kiongo Kimani; Applicant: Catherine Wairimu Gatang’i; Objector: Joe Ephraim Kimani
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 85 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Objector
- Outcome
- application for substitution allowed
- Judges
- LW Gitari
- Legal Topics
- Grant of Letters of Administration, Substitution of Parties, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephraim Kiongo Kimani
Petitioner
Catherine Wairimu Gatang’i
Applicant
Joe Ephraim Kimani
Objector
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Objector
Legal Issues
- 1 Whether Catherine Wairimu Gatang’i should be allowed to substitute Joe Ephraim Kimani as objector in the succession cause.
- 2 Whether the application for substitution dated 19/12/2018 meets the legal requirements.
Ratio Decidendi
The court found that Catherine Wairimu Gatang’i, having obtained a Grant of Letters of Administration ad litem, is the rightful person to substitute the objector Joe Ephraim Kimani in the succession cause. The application for substitution was unopposed, and the court was satisfied that the legal requirements for substitution had been met. Accordingly, the application dated 19/12/2018 was allowed as prayed, enabling the proceedings to continue with the proper parties representing the interests of the estate and beneficiaries.
Court Disposition
application for substitution allowed
Orders
- The application dated 19/12/2018 for substitution of the objector is allowed as prayed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCCESSION CAUSE NO. 85 OF 2013
(formerly Embu Succ No. 179 of 2010)
IN THE MATTER OF THE ESTATE OF GRACE MUTHONI KIONGO.........(DECEASED)
AND
EPHRAIM KIONGO KIMANI..............................................................................PETITIONER
V E R S U S
CATHERINE WAIRIMU GATANG’I.....................................................................APPLICANT
RULING
1. The petitioner Ephraim Kiongo Kimani was issued with grant of letters of administration of the estate of Grace Muthoni Kiongo on 08/07/2010. He proceeded to apply for confirmation of the Grant on 11/03/2011 and stated that the deceased was survived by the following children:
John Kabiru Kiongo
Grace Muthoni Kimani
Ephraim Kiongo Kimani
David Njeru Kimani
Lydia Nyawira Kimani
Zelipah Wamwirua Kimani
2. The protestor John Kabiru Kiongo filed an affidavit of protest on 10/4/2013 while Joe Ephraim Kimani filed an affidavit of objection on 30/08/2013.
3. An application for substitution dated 29/06/2017 was filed by Elijah Kiamny Mary seeking to substitute Mary Wanjiku Murithi a beneficiary. The court on 17/10/2017 allowed the application for substitution.
4. Later another application for substitution dated 19/12/2018 was filed by Catherine Wairimu Gatang’i seeking to substitute the objector herein Joe Ephraim Kimani. The application is not opposed.
5. The said Catherine Wairimu has already obtained a Grant of Letters of Administration ad litem for the purpose of substituting the objector. She is therefore the rightful person to substitute the objector. The application dated 19/12/2018 is allowed as prayed.
Dated at Kerugoya this 24th Day of April 2020.
L. W. GITARI
JUDGE